Dominican Court Reviews Anti-Gay Sex Laws
The Constitutional Court of the Dominican Republic is set to review a legal challenge on August 30, 2024, against laws that criminalize consensual same-sex conduct within the police and armed forces. These laws, codified in Article 210 of the National Police Code of Justice and Article 260 of the Armed Forces Code of Justice, impose prison sentences of up to two years for police officers and one year for military personnel, specifically for homosexual acts. In contrast, no similar penalties exist for heterosexual conduct, highlighting the discriminatory nature of these provisions.
Human Rights Watch Condemns Discriminatory Laws
Human Rights Watch (HRW) has filed an amicus curiae brief, arguing that these laws violate international human rights, particularly regarding equality, privacy, and the right to work without fear of discrimination. HRW contends that these laws create a hostile work environment for LGBT officers, forcing them to hide their sexual orientation out of fear of punishment or dismissal.
Dominican Republic’s Lagging LGBT Rights
Although the Dominican Republic does not prohibit same-sex relationships among private individuals, the country lags behind in LGBT rights. It lacks comprehensive anti-discrimination legislation, legal recognition of same-sex marriages or civil unions, and gender identity recognition for transgender individuals. Recently, LGBT activists criticized a proposed criminal code for failing to include protections against discrimination based on sexual orientation and gender identity.
Notable Cases Highlight Discrimination
A significant case occurred in 2019 when a Dominican army sergeant was dismissed after a video showing him in a same-sex encounter was leaked. The army justified the dismissal by citing a “serious fault” that tarnished the institution’s moral values. Although the sergeant appealed, his case was dismissed in 2021 on procedural grounds, and a new appeal is currently pending.
Regional Context and Calls for Legislative Change
In a regional context, several countries, including Peru, Ecuador, Venezuela, and the United States, have repealed similar laws that criminalized same-sex conduct within security forces. However, the Dominican Republic remains one of the few countries in the Americas to maintain such laws.
Human Rights Watch urges President Luis Abinader and the Dominican Congress to repeal these laws without waiting for the Constitutional Court’s decision. Doing so would send a strong message to LGBT individuals and the international community that the Dominican Republic values equality and non-discrimination.
Read full article : https://queervibesmag.com/dominican-court-reviews-anti-gay-sex-laws/
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